HomeMy WebLinkAbout2009/03/24 Additional InformationItem 18 - Distributed by Patricia Aguilar
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CONSIERATION OF RECOMMENDING THAT A MEASURE BE PLACED ON THE JUNE 2014
BALLOT TO AMEND OR REPEAL PROP A
City Council Meeting March 24, 2009
Action Item 18, Adootion of a Resolution
Resolution Title as stated Resolution as stated in Agenda Resolution as
on the Agenda Background Material prepared by the Recommended by ell
City Attornev
Resolution of the City Council Be it resolved that the City Council hereby Be it resolved that the City
recommending that a recommends that in year 2014 that the Council hereby
measure be placed on the City Council submit to the electorate either recommends that in year
June 2014 ballot to amend or an amendment or repeal of Prop A, if, after 2014 that the City Council
repeal Prop A City Council's review of the Citizens submit to the electorate a
Advisory Committee comprehensive measure asking the
Midterm Report, it is determined that the electorate to either repeal
city's budget gaps have been alleviated, or Prop A or ratify it for the
if it is determined that the revenues are remaining 5 years of its
not being applied to city services/programs term (the years 2015-
effectively. 2019).
Veterans Home Golf Classic
Presented by: The Chula Vista Veterans Home Support Foundation
TUESDAY - MAY 5,2009 - EAST LAKE COUNTRY CLUB
2375 CLUBHOUSE DRIVE, CHULA VISTA CA, 91915
Come support the residents of the Veterans Home in Chula Vista and enjoy a day of golf
and camaraderie with your friends and fellow-supporters of the San Diego military and
veteran communities
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The registration table and practice tee will open at I] :OOam. There will be a Shotgun start at noon.
A box lunch will be provided before the round, at 11:00am. There will also be a barbeque dinner and
awards ceremony in the Clubhouse following the round.
Prizes will include a 2009 Chrysler Jeep to the first player to make the "hole in one," .
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C:I~I.R 'o'SLER. J__IP
The Chrysler Jeep Patriot is provided courtesy of McCune Chrvsler-Jeep
.............................................................................................................0.
Sponsor and Player Registration: Please indicate your commitment, clip and return with registration
_ Patriot Sponsorship (one foursome and hole signage)
$700.00
_ Foursome Sponsorship (four players)
$600.00
_ Hole Sponsorship
$] 50.00
Individual Entries
$]50.00
Players] .
2.
3.
4.
Please mail this Registration form with your check payable to:
The Chula Vista Veterans Home Support Foundation or (CVVHSF)
2009 Golf Tournament
700 East Naples Court
Chula Vista, CA 91911
For more information contact: John Smith (619) 205-1406, E-mail: John.Smith@cdva.ca.gov
The Chula Vista Veterans Foundation is a IRS 50I(c) 3 ID Number 93-12I365X
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Featured Speaker WEDNESDAY
Cesar D. Sereseres APRil 1ST 2009
~~~~~~~~ ~:~:I~:,~o:;;~or of Political Science a:. "00. 0 ~ 11
University of California, Irvine g 0 r ~\I
(hula Vista
Civic Library-
365 F Street
Chula Vista, CA 91910
Regarding
listen and Discuss what is going on in OUR
Community
Information
www.CommunitiesTakingAction.com
www.CommunitiesTakingAction.com/WAR
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The Fair Housing Council of San Diego
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THE FAIR HOUSING COUNCIL OF SAN DIEGO
STATEMENT OF QUALIFICATIONS
The Fair Housing Council of San Diego (Councilor FHCSD) meets the criterion of a "Qualified Fair
Housing Organization", (QFHO), and/or a "Fair Housing Enforcement Organization", (FHO), and also is
an eligible Fair Housing Initiatives Program, (FHIP), funds recipient, in accordance with guidance set
forth in a Memo forwarded from Kim Kendrick, Assistant Secretary for Fair Housing and Equal
Opportunity-HUD and Nelson Bregon, General Deputy Assistant Secretary for Community Planning and
Development-HUD, and dated 11 January 2008. FHCSD is further "qualified" in accordance with
additional criterion identified below under "Other Qualifying Criterion" at page 6.
I. Definitions
Fair Housing Initiatives Program Entity- (FHIP) Most often is a non-profit. local community-based
agency (similar to the Council) providing contractual fair housing services to cities and assisting them to
meet "affirmatively furthering fair housing", (AFFH), obligations. Such an entity can also be Legal Aid
programs and others selected and funded under the HUD Super-NOFA.
Fair Housing Assistance Program Entity (FHAP) Most often is a state entity. as in the case of the State
of California, that has "substantially equivalent" fair housing laws and can engage in the same type of
enforcement activity as HUD. Such an entity enters into an agreement with HUD to receive and process
housing discrimination complaints for enforcement purposes in HUD's stead. In California the State
Departrnent of Fair Employrnent and Housing (DFEH) is the funded FHAP agency.
"Affirmatively Furthering" fair housing is the standard required of each entitlement jurisdiction to:
. Conduct a periodic Analysis of Impediments (AI) to fair housing choice, identifying all barriers to
same;
. Implement a "fair housing action plan" to address identified impediments; and
. Maintain a record of all actions taken.
II. Enforcement Relationships between FHIP and FHAP Agencies
The relationship of local FHIP groups to the state agency and to HUD, (state and federal enforcement
agencies) is referral-based. The local fair housing agency and/or FHIP funds recipient serves as (in
addition to the primary functions announced by HUD of broad public outreach and education), the first
phase of the enforcement. pre-complaint screeninq process and is critical to a viable housinq
discrirnination complaint and its subsequent success or failure.
The function to properly identify whether or not the FHAP/enforcernent agency will have jurisdiction over
the complaint if and when it is filed is the first step to filing a complaint and cannot be overstated. This
function is much more than just providing a HUD or DFEH # to be called by the complainant because the
results can only be a poor response (or no response, based upon the lack of corroboration) from the
enforcement entity except for those violations that are open and notorious.
Rather, the fair housing group should function as the first public contact and as screener, making an
objective and evidence-based determination as to whether to prepare and refer the matter on to HUD,
DFEH, or to a private attorney for enforcement. Because housing discrimination is most often covert and
. .. I. t h h . d. .. t.
subtle, the local fair housing center acts as the investigative arm to assls t e ouslng Iscnmlna Ion
victim (and the enforcement entity to focus its resources on appropriate Inatters) to gather and provide
corroboration of his/her housing discrimination complaint.
It is important to note that the FHIP/local fair housing service is the only no cost assistance that is
available to those believing themselves to be housing discrimination victims in the housing rental, sales,
mortgage lending and property insurance fields. All people who believe that their housing civil rights have
been discriminated and the unlawful actions of a housing provider have caused them demonstrable
harms are eligible to receive these services reqardless of income status. Conversely, the Council can
function to support housing providers who want to be given information and guidance on available
support resources for defending discrimination complaints
It is also important to note that the Council has "standing" in state and federal courts to bring legal actions
in the interest of achieving fair housing compliance in the region and that the Council has in fact been the
"plaintiff', suing on behalf of the community in cases involving familial status (families with children) and
disability during its years of service.
III. Funding Rationale
To understand the significance of a local fair housing agency "qualifying" as a FHIP recipient, one must
briefly review the congressional objectives and the related competitive nature of the FHIP funding
schemes.
Congress (through legislative enactments) and HUD (through legislation and regulatory schemes) have
an objective to achieve compliance with federal fair housing laws throughout the United States.
CDBG funding allocations are required to "affirmatively further" fair housing goals and programs on the
local level and must be allocated by each entitlement jurisdiction. These funds support the jurisdictions'
efforts to satisfy fair housing and other critical requirements including those associated with the Housing
Element, the Consolidated Planning process and community development, zoning and planning.
FHIP funding allocations are available on a nationally competitive basis under HUD's Notice of Funding
Availability (NOFA) announced each year for HUD's Discretionary Programs (SUPERNOFA) grant
awards and are intended to augment CDBG allocations. FHIP funds are included in the national budget
with the latest allocation being $26 million.
These FHIP funds:
. Are allocated through a nationally competitive HUD process under which local fair housing groups
and others meeting funding criterion may apply; Congress allocates a FHIP/FHAP budget with
each Super NOFA
. May be received in two primary areas-Private Enforcement Initiatives (PEl) and Education
Outreach Initiatives (EOr)
. May be provided over one year; 18 months or multiple three (3)year grant periods
. Are received by local groups and are very beneficial to the jurisdiction because they provide
fundinq for fair housinq activities for which local CDBG allocations are inadequate, such as
testinq reqimes and other enforcement activities.
Note
FHIP funds are not to be relied upon to replace core CDGB funding as it is not guaranteed under a
nationally competitive process that anyone jurisdiction will be selected for funding. These nationally
awarded grants are intended to augment local efforts and also support targeted areas selected by
HUD such as Hispanic Outreach Initiatives, Disability-Related or Predatory Lending issues.
2
QUALIFYING EXPERTISE AND EXPERIENCES OF THE COUNCIL:
III. FHIP Funding Received in the San Diego Region
To distinguish the FHCSD, it is the only agency in the region ever to have received a FHIP grant.
The Fair Housing Council of San Diego has applied for FHIP funds and been selected as qualified Fair
Housing Initiative Program (FHIP) qrant recipient five (5) times over the course of its operations. FHIP
grants received by the Council include:
Education Outreach Initiative-
1990
O.USln
Establish Initial hotline for
community outreach and
education functions
Property Insurance Testing
$279000
Private Enforcement Initiative
1995
Private Enforcement
Initiative 1996
Education Outreach Initiative-
2000
Education Outreach Initiative
2003
Mortgage Lending Testing
$100000
Community 2000- An anti-hate
crimes in Housin Pro.ect
Hispanic Outreach Initiative
See Exhibit "1" for activities
com leted
$28000
$100000
The collective total of funds awarded to the Council over the years under this FHIP application process
and devoted 100% to augment local fair housing goals is $ 607,000
IV. ENGAGED IN FAIR HOUSING ENFORCEMENT
The Council is a fair housing organization eligible to receive funding under the FHIP program because it
is organized as a private, tax-exempt, nonprofit, charitable organization. The agency has as least two
years experience in complaint intake, complaint investigation, testing for fair housing violations and
enforcement of meritorious claims (See Kendrick Memo pp 2)
Since 1989, FHCSD has grown a comprehensive fair housing service agency, providing anti-
discrimination services in the San Diego region that range from:
. Industry/public education programs
. Complaint intake for fair housing (housing civil rights) enforcement.
FHCSD has a demonstrated performance record and is qualified to:
. Conduct fair housing research (AI studies)
. Complete audit and complaint-based tests; participated in HUD's 2000 Housing Discrimination
Study (HDS) as a contractor;
. Offer certified fair housing course for industry professionals and produce special events.
The FHCSD also has "standing" in the courts to bring fair housing litigation where violations of The Act
are proven.
V. STAFF EXPERIENCE AND TRAINING
The Fair Housing Council is a seasoned and experienced fair housing organization, with an attorney
executive director and other highly trained staff. For a list of training completed by staff please see
Exhibit "2"
3
VI. ELIGIBLE FAIR HOUSING COSTS DESIGNED TO AFFH
The Council has engaged in every activity that is identified in the Kendrick memo. These activities are
outlined below at items (i) through (v). Each of these activities is an eligible fair housing cost designed to
AFFH and detailed in 24 CFR 590.206 (c). The Council provides all of the noted services among others
on its ten point service continuum including but not limited to:
(i) OUTREACH- The Council completes an average of 2 million outreach activities
annually through UNIVISION/ Local TV appearances (City & County Television Networks) -Media Coverage;
Maintain WEB page, mail campaigns, dissemination of multi-lingual/multi-cultural flyers and other written
materials/other
(ii) EDUCATION- Consumer Education-General The Council offers an average of one-hundred
twenty-five (125) community presentations/ workshops/ seminars/meetings annually among which are:
twelve (12) monthly mail campaigns and six (6) annual 'Tips for Tenants and Future Homebuyer events;
Other activities include distribution of fair housing videos and "Community Connections" Campaign" annually
to complete 100 field visits w/ "State of Fair Housing" message during April, National Fair Housing Month.
Also offers 1 0400 hours of telephone hotline service annually
Consumer Education- Special Programs- The Council has: promoted and produced six (6)
UNITYFest events/anti-hate in housing projects); twelve (12) National Fair Housing Month luncheons;
and presented numerous speaking engagements from north to south county locations for diverse audiences
throughout the region.
Provider Education-Technical Assistance- The Council has produced fifteen (15) Annual two-
day Fair Housing Laws and Litigation Conferences and offers a California Department of Real Estate
(ORE) approved continuing legal education Fair Housing course for REAL TORS@. The Executive Director of
the FHCSD is an attorney and a certified fair housing instructor under the ORE approved criteria. Also
offers 10400 hours of telephone hotline service annually
The FHCSD can also function as a consultant to contracting jurisdictions, serving to review and advise in
matters related to proposed ordinances, affordable, public, and special needs housing programs supported
by the city and the county.
(iii) ENFORCEMENT - The Fair Housing Council has assisted to secure $904,500 in settlement
awards for victims of housing discrimination in the San Diego region
The Council has engaged in housing discrimination rights enforcement through: its own agency initiated
federal court litigation; other litigation supported by FHCSD investigative (testing) activities; and through
the work of fair housing attorneys who have been trained at the Council's annual fair housing conference
For an excerpt from the $215 Million and Counting compilation of damages compiled by a national group
and announcing awards attributable to San Diego enforcement activities, please see Exhibit"3"
The Council engages in extensive conciliation (similar to mediation in approach) as a, non-litigation
enforcement methodology. The Council enjoys a 98% success rate when utilizing the conciliation process
to address complaints filed by persons with disabilities.
(iv.) AVOIDING UNDUE CONCENTRATIONS of assisted persons in areas with many low and moderate
income persons
The Council was selected under a RFP issued in 1997 by the San Diego Housing Commission as the
local non-profit that would implement this, five-year pilot housing mobility project, Regional
Opportunities Counseling Program, The Council worked with five local housing authorities to
implement a housing mobility program with an objective to expand low-poverty housing choices for
families with HUD housing vouchers and increase the number of housing providers willing to rent to them.
4
Community Opportunities-A
Five Year Pilot-Housing
Mobility Program
As Contractor with the San
Diego Housing Commission,
assisted families utilizing
housing vouchers to move, to
locate and contract with 350
new Section 8 housing
providers; assisting 500
families to make de-
concentrated poverty moves;
w/ education/job component
and monitoring for fair housing
com Iiance
(v) OTHER APPROPRIATE ACTIVITIES INCLUDING TESTING.
The FHCSD has extensive complaint-based and audit testing skills and experiences as the tester
contractor in the following regimes:
1988 Urban Lea ue- San Die 0
1989 U. S. Justice De artment
1990. Office of Civil Right
Monitorin
1991 FHCSD -San Die 0
1992 FHCSD -San Die 0
1993 FHCSD -Chula Vista
1994 FHCSD- San Die 0
1995-HUD-FHIP
1996-HUD-FHIP
2000-0ctober Regional AI
Pro.ect
2000-0ctober Regional AI
Pro.ect
2000-0ctober Regional AI
Pro.ect
2000-0ctober Regional AI
Pro.ect
2001- HUD's Housing
Discrimination Study
2002-HUD's Housing
Discrimination Study
Mortgage Lending
Disab il ity-Access ibil ity
Familial Status-Telephone
testin
(Hispanic Component)
H U D's-H OS-Asia n-Pacific
Islander-Black Component
5
40% Dis arate Treatment
Confidential Re ort to USDOJ
Confidential Report to Law
Firm
45% Dis arate treatment
60% Dis arate treatment
70% Dis arate treatment
43% Dis arate treatment
Re ort submitted to HUD
Re ort Submitted to HUD
Results incorporated into
AI-2000
Results incorporated into
AI-2000
Results incorporated into
AI-2000
Results incorporated into
AI-2000
In 2001 Latinos received
7.5% of the conventional
purchase loans, yet they
accounted for 12.5% of the
total U.S. population.mJ
Non-Hispanic whites were
consistently favored 25.7% of
the time.~
Asian and Pacific Islander
homebuyers experience
consistent adverse treatment
20.4% of the timeW
The level of consistent
adverse treatment against
Asian and Pacific Islander
renters is 21.5 %.@]
OTHER QUALIFYING CRITERION: National Speaker; Consultant; Expert Witness; Fair Housing
Research Services and national/state organization board/advisory board/other memberships &
affiliations
. The Council executive director is called upon to: provide consultations on fair housing;
speak at various local and national fair housing events and submit articles for
publication in local industry publications such as the San Diego Apartment Owners
Association. The Council executive director is an instructor for HUD's National Fair Housing
Training Academy
. The Council executive director has been called upon by local attorney to serve as an expert
witness for fair housing cases
. The Council executive director serves on the board or directors of : National Fair Housing Alliance
and the California Reinvestment Coalition and on the Advisory Boards of the Chicago-based
John Marshall Scholl of Law-Fair Housing Support Center and the Fair Housing Fair Lending
publication
. The Council has been awarded contracts for the completion of Analysis of Impediment Studies
including separate contracts for the County of San Diego, The City of San Diego and the
Regional Analysis of Impediments to Fair Housing-2000
SPECIAL RECOGNITION AND ACHIEVEMENT
1. FHCSD's executive director recognized as a "Pioneer in Fair Housing", 2003 by the U. S.
Department of Housing and Urban Development (HUD)
2. FHCSD's executive director receives Golden Bear Award for Outstanding services as a CRC Board
of Director's member-200B
3. HUD "Best Practice" Award for Owner Training Symposia under Housing Mobility Programs 2002
4. Fair Housing Testing Award-2000 presented by the Urban Institute-Washington, D.C.
5. Fair Housing Testing Award-2001 presented by The Urban Institute-Washington, D. C.
6
I
I
Fair Housing
Laws & Litigation
Conference
February 12th-13th
2009
San Diego City Concourse
202 C Street
San Diego, CA 92101
Commemorating the 50th Anniversary of
California's Fair Employment and Housing Act and
Recognizing Unsung Heroes and Models of
Fair Housing Actions
Celebrating the 16th Anniversary of the Fair Housing
Laws and Litigation Conference Series
Co-Sponsors
Fair Housing Council of San Diego
The John Marshall Fair Housing Legal Support Center
Fair Housing Council of San Fernando Valley.
California Rural Legal Assistance, Inc.
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Special Guest Speakers
Erwin Chemerinsky
Founding Dean and Distinguished Professor of Law
University of California, Irvine School of Law
Dean Chemerinsky's expertise is in the areas of constitutional law, federal practice, civil rights, civil liberties, and
appellate litigation. Formerly he was dean at Duke Law School, 2004-2008, Gould School of Law, University of
Southern California, 1983-2004, and DePaul College ofLaw, 1980-1983.
Dean Chemerinsky has written six books/case books, treatises, monographs, and more than 100 law review articles.
When asked why he went into law and teaching, and about his teaching style, Professor Chemerinsky responded,
"Being a law professor is my dream job. I love it as much today as when I began 28 years ago. The best part of my
job is teaching. My teaching style emphasizes clarity in organizing and presenting material, preparing students
for law practice, challenging them to think through hard questions and being as nurturing as I can:' He completed
his legal education at Harvard Law School and earned an undergrad degree at Northwestern University.
Phyllis W. Cheng
Director of the Department of Fair Employment and Housing
Ms. Cheng is a partner of the National Asian Pacific American Lawyers Association, and a member ofthe Southern
California Chinese American Lawyers Association. She edited both the California Labor & Employment Law
Review and the Public Law Journal. edits two chapters of the Employment Litigation (The Rutter Group California
Practice Guide, 2009 Edition). authors a regular column on cases pending before the California Supreme Court,
and provides a free case alert service on new labor and employment law decisions to thousands of practitioners.
She has additionally published widely in both legal journals and newspapers. Ms. Cheng received her B.A. and
M.Ed. degrees from UCLA, her Ph.D. degree from the University of Southern California, and her J.D. degree from
Southwestern University School of Law. She is an immigrant from Hong Kong and a native speaker of Chinese in
three dialects.
Randy Kane Jones
Assistant United States Attorney
A natural.born leader, Mr.Jones is past president of the 20,000 member National Bar Association (NBA). the oldest
and largest association of African.American lawyers and judges. During his tenure and as a direct result of his
efforts, the NBA greatly exceeded its financial and membership goals. Mr. Jones traveled extensively throughout
the United States and the world to ensure that the NBA remained a powerful voice in national and international
matters involving the legal profession.
Mr. Jones has received numerous honors and awards, Including being named one of the "100 Most Infiuential
California Lawyers;' "Top 20 California Lawyers of the Year;' "Top 25 California Lawyers Under 40;' and Ebony
Magazine's "100 Most Infiuential National Leaders:' Mr. Jones holds an honorary Doctor of Laws degree (LL.
D.) from Clafiin College (S.c.). As a true testament to his life, "and for the honor his career has brought to the
University;' Mr. Jones was bestowed the University of North Carolina General Alumni Association Outstanding
Young Alumnus Award in 1998.
George Lipsitz
University of California at Santa Barbara
George Lipsitz is Professor of Black Studies and Sociology at the University of California, Santa Barbara. He is the
author of eight books, including The Possessive Investment In Whiteness, which explores the origins, evolution,
and effects of civil rights laws related to fair hOUSing, fair employment, and school desegregation, and A Life
in the Struggle: Ivory Perry and the Culture of Opposition. Professor lipSitz has won several awards for his
lifelong achievements such as the Gustavus Meyers Center Outstanding Book Award and the American Culture
Association's life achievement award for Outstanding Contributions to the Study of American Culture. His research
focuses on the causes and consequences of inequality. Lipsitz is a past president of the board of Directors of the
Fair Housing Council of San Diego and currently serves as a member of the Board of Directors of the National Fair
Housing Alliance.
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The Fair Housing Council of San Diego
History of the Conference Series
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The Fair Housing Council of San Diego (FHCSD) launched the Fair Housing Laws and Litigation Conference
series in 1993 as an idea whose time had come. In implementing the series, the FHCSD worked to establish
a collaborative effort among several fair housing agencies, (known then as the Fair Housing Consortium of
Southern California), two law schools, and several founding fair housing attorneys.
The original purpose of the conference was to provide enforcement support to the victims of unlawful housing
discrimination by: producing more fair housing-trained attorneys; providing a source of ongoing training
updates for improving and honing the knowledge base and skills of all fair housing practitioners and other
professionals; and improving the ability and opportunity for attorneys, advocates and others to work more
effectively in addressing the multi-faceted issues of housing discrimination.
The first attorneys invited to speak, and the founding presenters were Christopher Brancart, John P. Relman, F.
Willis Caruso, Michael P. Seng and Merilyn Brown. The Fair Housing Council(s) of San Diego, San Fernando
Valley, Orange County, et al , The John Marshall Law School Fair Housing Legal Support Center, and the
California Western School of Law were founding agencies.
Over the years, the conference has expanded to meet the educational needs of many and today offers an annual
training agenda that supports advocates, real estate professionals, entitlement entities and a host of others
who need a working knowledge of fair housing laws and their practical application in residential real estate
transactions. Expanded and advanced educational tracts have offered training for advertisers, public housing
personnel, CDBG entitlement jurisdictions, Native American organizations, builders, architects, appraisers,
brokers and bankers. Affordable, tax-credit and special needs housing providers and developers can all find some
beneficial training each year at annual conference time which traditionally is the President's Holiday weekend in
San Diego, California. '
The Fair Housing Laws & Litigation Conference has become a much anticipated and valuable series. Evaluations
from those attending have provided feed-back and high marks with such comments as, "cutting edge issues
presented;' "educational and enlightening:' "excellent conference," "presenters are top notch, articulate leaders in
the field" and "a not to be missed event:'
The Conference has garnered over $430,000 in corporate underwriting and registration support, presented over
240 fair housing topics, provided fair housing training and educational support for 3300+ individuals, produced
volumes of written fair housing updates and resource materials and cemented fair housing friendships,
A list of past conference presenters and their affiliations is displayed in this brochure. We take this opportunity to
applaud and thank them for their contributions of expertise and excellence in support of the Fair Housing Laws
& Litigation Conference series over the years.
Working together, we are making a difference!
3
Depat of Fair Employment and Housing 8f_P,A~Tr"HNT -?~
S TATE OF CAL I FO R N IA STATE AN 0 CON SUM ER SE RVIC ES AG EN C Y IfalrEmplo~m~nt& HouSing,
2218 Kausen Drive I Suite 100 I Elk Grove I CA 95758-7115 k=:-.:=:;'?"--..,,, i
916 478J251 I TTY 800,700,2320 I Fax 916, 478 7329 I www dfeh,ca,gov <- /\.1
ARNOLD SCHWARZENEGGER, GOVERNOR I"~"-~ '
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rriimploym~~if!lgUJing.AIJ
Dear Friends and Colleagues:
Welcome to today's collaborative program celebrating the 50th anniversary of the
Fair Employment and Housing Act (FEHA),
This half-century mark of the FEHA is significant, because the Act is the leading
state civil rights law in the nation, The FEHA predates and provides broader
protections than its federal counterparts, Title VII of the 1964 Civil Rights Act and
the 1968 Fair Housing Act. The Act was initially enacted as the Fair Employment
Practices Act (FEPA) in 1959, Adoption of the Rumford Fair Housing Act
followed in 1963, In 1980, the FEPA and the Rumford Act were combined and
renamed as the FEHA to protect Californians from both employment and housing
discrimination,
The Department of Fair Employment and Housing is California's civil rights
agency, which has the responsibility for enforcing the FEHA. The Department
investigates, conciliates and prosecutes discrimination complaints. Over the
years, the Department has steadfastly worked to redress civil rights violations
faced by hundreds of thousands of Californians where they live and work,
Numerous decisions from the trial courts to the United States Supreme Court
have affirmed the broad reach of the FEHA Because of the Act, most employers
and housing providers have changed their business practices to create a more
level playing field for all Californians.
We look forward to celebrating the "DFEH Civil Rights Year" with you. Together
we can build a better future for all Californians.
Sincerely,
~\lAA;
Phyllis W, Cheng
Director
CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
5 0 I" )1 11 11 i '() e r s a r} 1 9 5 9 - 2 0 0 9
CELEBr.:ATE fHE DFEH'S CIVIL RIGHTS YEAR
4
ARNOLD SCHWARZENEGGER
GOVERNOR
State and
Consumer Services flgency
Rosario Marin
Secretary
915 CAPITOL MALL, SUITE 200
SACRAMENTO, CA 95814
Afrkan American Must'um
Building Stalldard~ Clllllmi~sion
CllnsumcrArf~lirs
Fair Employnll'nt & Housing
Fair Employment & Housing CommhSloll
Fnlllchisl'T.n Buard
General St'r"kes
Insurance Advisor
Scicn\:(' Center
Personnel Board
Puhlic Employees' Retirement System
T'cachns' Rl'tirellll'nt System
Technology Sl'I'\'il'CS
Victim ClIl1lpl'nsatlnn &
(;on:rnmcnt Claims Board
Information Set'urity & Pri\'al~Y I'rnlt'ction
Fellow Californians,
In 2009 we honor and celebrate the 50 years of hard work and diligence of
Californians who established and upheld our state's landmark civil rights
law-the Fair Employment and Housing Act (FEHA).
For fifty years, the FEHA has protected the rights of the diverse people who
call California home. I take pride in knowing that for the next fifty years
and beyond the Act will guarantee that the rights of people like my son, who
has Down Syndrome, will continue to be protected.
This year, we look back on the accomplishments of the FEHA with great
pride and are proud to recognize California's 2009 Civil Rights Heroes for
their achievements.
These heroes have broken down barriers, erased color lines, ignored glass
ceilings to achieve extraordinary accomplishments, and opened doors for
others.
As a member of Governor Schwarzenegger's cabinet, T salute the Fair
Employment and Housing Act on its fiftieth anniversary and our 2009 Civil
Rights Heroes.
To another fifty years!
r-)
"While it's upsetting that the problem of housing discrimination is on-going, it gives me hope that groups
like the Fair Housing Council of San Diego are advocating on behalf of qualified home owners and renters
facing injustice:' - Congressman Bob Filner, 51st Congressional District, U. S. Congress
5
Christopher Brancart
F. Willis Caruso
Michael Seng
Founding Five Presenters
Chris Brancart is a partner in the California law firm of Brancart & Brancart,
a prominent firm which specializes exclusively in federal fair housing litigation. He is
a co-founding presenter of the Fair Housing Laws and Litigation Conference. Repre-
senting plaintiffs in several precedent setting cases, Mr. Brancart is considered one of
the leading litigators in the nation and has conducted fair housing training courses
for attorneys throughout the country. Elizabeth Brancart, a partner in the firm argued
the fair housing case of Meyer vs. Holly before the U. S. Supreme Court.
Merilyn D. Brown is currently working as an Attorney Advisor in the
United States Department of Housing and Urban Development (HUD), Midwest HUB
Office in Chicago Illinois. She is the former Director of the Fair Housing Enforcement
Division, Office of Investigations in Washington, DC. Moreover, priorto joining HUD
Attorney Brown, was the Administrative Director of the John Marshall Law School,
National Fair Housing Educational Center and Legal Support Clinic. She has worked
in fair housing enforcement and related activities since 1989. She currently teaches
as an Adjunct Professor at the John Marshall Law School. Attorney Brown has also
worked as an Assistant Public Defender in Chicago, Cook County, Illinois Court System.
F. Will is Ca ruso is co-executive director ofThe John Marshall Law School
Fair Housing Legal Support Center and the clinical director ofThe John Marshall Fair
Housing Legal Clinic and adjunct professor of law at John Marshall. Mr. Caruso is a
graduate of Northwestern University and the Northwestern Law School. He formerly
practiced law with Sidley & Austin, Caruso & Caruso, Isham Lincoln & Beale, and Keck,
Mahin & Cate. He served as the General Counsel forthe Chicago Housing Authority
from 1991 to 1994 and the General Counsel of the Leadership Council for Metropoli-
tan Open Communities. He has litigated over 1,000 fair housing cases, including the
Village of Arlington Heights v. Metropolitan Housing Development Corporation, and
Gladstone Realtors v. Village of Bellwood. He has lectured at a large number legal
seminars and also authored many outlines, pamphlets and articles and a textbook
Cases and Materials on Fair Housing and Fair Lending Laws, Fifth Edition 2004.
John P. Reiman is the director of Reiman & Dane PLLc. a public interest
law firm specializing in civil rights litigation. From 1989 to 1999, Mr. Reiman headed
the Fair Housing Project atthe Washington Lawyers' Committee for Civil Rights. Mr.
Reiman's better-known cases include Timus v. William J. Davis, Inc. ($2.4 million jury
verdict for housing discrimination); Dyson v. Denny's Restaurants ($17.725 million
race discrimination class settlement); Pugh v. Avis Rent-A-Car ($5.4 million class
settlement); and Gilliam v. Adam's Mark Hotels 1$2.1 million class settlement). Mr.
Reiman is the author of Housing Discrimination Practice Manual, published by the
West Group, and teaches public interest law at Georgetown University Law Center.
He received his law degree from the University of Michigan and his undergraduate
degree from Harvard.
Michael P. Seng is a professor of law atThe John Marshall Law School. He
teaches, among other courses, Constitutional Law, Federal Jurisdiction, Fair Housing
Law, and Predatory Home Lending Law. He is the Co-Executive Director ofThe John
Marshall Law School Fair Housing Legal Support Center and Executive Director of
The John Marshall Law School Fair Housing Legal Clinic. He has authored many
articles on civil rights and fair housing law. He is chairman of the Illinois Residential
Mortgage Board, an appointed body to advise the State of Illinois Office of Banks
and Real Estate. In 2003, he was awarded a Pioneer of Fair Housing Award by the
U. S. Department of Housing and Urban Development, Office of Fair Housing and
Equal Opportunity.
6
Merilyn D. Brown
Snap Shots of Previous Conferences
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7
'1
STATE OF CALIFORNIA STATE AND CONSUMER SERVICES AGENCY
ARNOLD SCHWARZENEGGER, Governor
FAIR EMPLOYMENT & HOUSING COMMISSION
455 GOLDEN GATE AVENUE. SUITE 10600
SAN FRANCISCO. CA 94102-3660
TEL. (415) 557-2325 FAX. (415) 557-0855
WW\V. fchc.ca.gov
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FAIR EMPLOYMENT AND HOUSING ACT
FIFTIETH ANNIVERSARY' 1959-21109
MESSAGE FROM GEORGE WOOLVERTON, CHAIR
FAIR EMPLOYMENT AND I.IOUSING COMMISSION
It is hoth an honor and privilege to extend to all Californians an invitation to join in the celebrations ror the
50th anniversary of the Fair Employment and l'lousing Act (FEI-IA).
The Fair EnlpJoyment and Housing Commission \vas established in 1959 (as the Fair Enlployment: Practice
Commission), and consists of seven I1lCmbers appointed by the Governor. \vith the cnnsent of the state Senate.
Since 2000, I have been honored to preside as Chair of lhe Comnlission.My f'ello\v Cummissioners arc
Carol Freenlan, Linda Ng, Dave Carothers, Stuart Leviton, and Patricia Perez.
The Commission is charged with the responsibility to conduct hearings and issue decisions in cases
prosecuted before it by the Department of Fair Employment and Housing under the FEHA. \Vhere an
unlawful practice 1S found, the Commission nla:y order a range ofrcmedies, 1ncluding hack pay, compensatory
damages, adlninistrative tines and civil penalties. injunctive relief. and reinstatclnent. T'he Commission also
promulgates regulations, serves as a forum for civil rights issues, and provides infoflllalion and education un
the laws it entcJrces, Highlights over recent decades include:
Numerolls Conllllission cases have resulted in landmark.. advancements in civil rights enforcement.
In 191;7, the U.S. Supreme Court upheld the FEHA's pregnaney proteelions and benefits. In 2002. thc
CaliCurnia Supreme Court arIirmed victims' rights to ohtain damages for their emotional injuries in a race
discrinlination housing case prosecuted before the Commission.
Significant legislative amendments to the Comnlission's authority in the past decades include: the
authority to 3\vard emotional distress damages and penalties up to $150,000 in cmploynlcnt cases (1999);
authorizing Commission in house adrninistrative law judges to conduct the COlllmissiun's administrative
adjudications ( 1993); and creating lhe COlnmission 's early mediation program (20(4),
Passage of the PrudeneeKa) Poppink Act in 2000, amending the FEHA's disability prolections.
Narned in honor of the Commission's Judge Poppink, the PKP Act reaffirnlcd and strengthened California's
protections for individuals with disahihties. Judge Popplnk was a dedicated advucatefor our civil righls laws
for over 25 years,
Conl1nission regulations covering the respllJ1sibilitics of employers to train their managers and
supervisors in sexual harassment prevention (2006); Commission procedures and hearing practices (1999):
protectiuns for pregnant enlployees (1095) employees' rights of job-protected ranl1ly and mcdical leave under
the California Family Rights Aet (1995 & 1993).
NCltahle legislative expansions of the scope or the FEHA's protections over the past dec8des
include: making sexual harassers personally liable for lhcir conduct; mandating sexuall18rassl11cnt tr~lining for
all Cnlifornia employers \vitl1 50 or more employees: reL}uiring employers to reasnnahly accommodate
pregnant employees: expanding FEHA's protections to sexual orientation and "gender:" adding employer
liability lor non-enlployce sexual harassment where the employer is on nutice: and adding protections for
tenants' source of income.
On behalf of the Fair Employment and Housing Commission, I ask that you join in the celehrations of the Fair
En1ploYlnent and l-:lo11sing Act. as \ve look back with pride 8t our accomplishments over the past 50 years, and
forward with optitnism and comnl1tment, lo the \,."ork still to be dune.
Pr
8
California State Legislature
CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
;- () t Ii )1 II. 11 i '0 e r s a r'y 1 9 5 9 - 2 0 0 9
Dear Civil Rights Leader:
California's comprehensive civil rights law, the Fair Employment and Housing
Act, celebrates its Fiftieth Anniversary in 2009, On this momentous occasion, the
California Legislature proudly recognizes the FEHA for transforming California
into the nation's leader in state civil rights.
For fifty years, the FEHA has helped to assure a more level playing field for all
Californians where they live and work. The FEHA's broad protections embody
the diversity that is California and will continue to guarantee equal rights for all
Californians for centuries to come.
The Legislature is honored to commemorate the 50th Anniversary of the FEHA
and, by doing so, remember the civil rights leaders and unsung heroes who have
fought for equality under the FEHA.
Congratulations on a half century of civil rights achievements!
~Jt~_.
Darrell Steinberg,./"" I
I i
Senate President pro Te~~~t:
l~uJ~'
Karen Bass
Speaker of the Assembly
l~ }J, \)v-----
Michael Villines
Assembly Alinori~v Floor Leader
f i~BF,;\TE ~!-:c f),r::EH'5 Cfl/J RJGI-!TS EA~ If'l 200Q
"Congratulations to the Fair Housing Council of San Diego for their event that promotes fair housing and
celebrates the 50th Anniversary of California's Fair Housing Laws:' - Councilmember John McCann, City of
Chula Vista
9
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congratulates
the Fair Housing Council of San Diego
upon this 16th Annual Fair Housing Conference,
m NATIONAL ASS()l..~JATION Or RE,\LTOR\"
W the Voue For HI'dI flute.
REALTOR-
rpIll' ]lail' ITollsiug Council Of rrill' San ]lpl'n<l,l)(lo Valley,
Celebl'atillg 50 Years Of Pl'ovidillg SI::'1'V]CP rllo rrIll' COlllJlllluity,
.loins Californians III AekuowIeding rplw GOtll AJ11l1v(-,l'sal')' or
rJ1]1O Fa],' Eml)loyuwnt Awl Honsing Ad.
- --- =
"1 am grateful for the outstanding work that the Fair Housing Council of San Diego does
on behalf of our residents:' -Jim Wood, Mayor, City of Oceanside
10
DorothyAlther
Suzanne Ambrose
Hermes Ayala
Susan Baldwin
Ophelia Basgal
Allison K. Bethel
David Blair loy
Chris Brancart
Elizabeth Brancart
Merilyn D. Brown
Maeve Elise Brown
Mona Breed
Kristina Campbell
DavidCampt
Harry Carey
f Willis Caruso
Sue Castaneda
DeniseCato
D. Scott Chang
Phyllis W. Cheng
Cathy Cloud
Nadine Cohen
Reed Colfax
Stephen Curran
Michael M. Daniel
Okainer Christian Dark
Ivyl. Davis
MaryA. Davis
Gabe Del Rio
Liza Cristol-Deman
Clifford Dover
Michael Evans
Stacy Everson
Bill Flores,
Fred Frieberg
Wendy Furth
Oscar Garcia
PiedadGarcia,
lori Gay
Cara Gillette
Ira Goldstein
Graciela Gonzalez
Bryan Greene
Paul F. Hancock
RhondaM.Harmon
Sharon L. Hartmann
Chuck Hauptman
Dennis Hayashi
Jesus Hernandez
Marty Hiles
Palma Hooper
Mary Irving
Ilene Jacobs
Ron Javor
Erica Jimenez
HectorM.Jimenez
Dorothy Johnson
Barbara Jones
Ann Moss Joyner
Maya S. Juarez
Elizabeth Julian
Kim Kendrick
Sharon Kinlaw
David Kline
Katherine Knister
Mary Scott Knoll
Barry Kowalski
Philliplawson
Past Presenters - 1993 to 2008
California Indian Legal Services
California Department of Fair Employment and Housing
Fair Housing Council of San Fernando Valley
San Diego Association of Governments
Housing Authority-County of Alameda
Office of the Attorney General, State of Florida
American Civil Uberties Union of San Diego
Brancart & Brancart, Pescadeo, CA
Brancart & Brancart, Pescadeo, CA
JMlS Fair Housing legal Support Center
Housing & Economic Rights Advocates
Sentinel Fair Housing
Mexican American Legal Defense and Educational Fund
National Center for Cultural Healing
U. S. Department of Housing and Urban Development
JMl School Fair Housing legal Support Center
Support Center/Executive Service Corps, San Diego, CA
Fair Housing Councll of Orange County
Reiman and Dane lCCP
Deputy Attorney General, California Department of Justice
National Fair Housing Alliance
lawyer's Committee for Civil Rights under law, Boston, MA
Reiman and Dane,lCCP
U.S. Department of Justice
Civil Rights Attorney, Dallas, TX
U. S. Attorney's Office Affirmative Civil Enforcement Unit
Office of Fair Housing and Equal Opportunity, HUD
Leadership (ouncil for Metropolitan Open Communities
Community Housing Works
Brancart & Brancart, Pescadero, CA
Civil Rights Attorney, Huntington Beach, CA
Brancart & Brancart, Pescadero, CA
SEEDS Educational Services
EIGrupo
Fair Housing Center-New York City
National Association of REAlTORS~
San Diego Regional Hate Crimes Coalition
Mental Health Systems, San Diego County
Los Angeles Neighborhood Housing Services
Nan McKay and Associates
The Reinvestment Fund
Mental Health Association in San Diego County
FHEO HUD, Washington DC
Housing and Civil Rights Enforcement Division, DOJ
Mezzullo & McCandlish, Midlothian, VA
law Offices of Sharon lybeck Hartmann, los Angeles, CA
U. S. Dept of Housing & Urban Development, San Francisco
CalifornIa State Department of Fair Employment & Housing
Real Estate Broker & Researcher
American Indian Radio
Pan Asian Lawyers- Filipino Lawyers of San Diego
Morongo Band of Mission Indians, Banning, CA
California Rural Legal Assistance, Ine.
CA Dept of Housing and Community Development
Fair Housing Council of San Diego
Deputy District Attorney, Special Ops/Hate Crimes, S. D.
California Rural Legal Assistance,lne.
AARP Foundation
Cedar Grove Institute for Sustainable Communities
Civil Rights Attorney, San Antonio, TX
FaIr Housing- Community Planning Consultant, Dallas, TX
Fair Housing & Equal Opportunity-HUD Washington
Fair Housing Council of San Fernando Valley
Fair Housing Council of San Diego
Silver State Fair Housing Center, Reno, NV
Fair Housing Council of San Diego
Civil Rights Division of the U.S. Department of Justice
East Bay Housing Organizations
Paul Leonard
Leslie Frann Levy
Heidi li,
Arthur A.liberty
George Lipsitz
Billlockyer
Joan A.Magagna
Joan Mariner
Mercedes Marquez
EmilyJ.Martin
ChancelaMatthews
WendyP.Mazzarella
KenW.McCormick
Denise McGranahan
Nan McKay
Christina McLeod
KathleenW.Mikkelson
Bonnie Milstein
Heidi Jane Olguin
Odion l.Okojie,
Jim Park
Deborah Smith Parker
Wendy Patrick
Ellen Peck,
Erin Penning
Carolyn Peoples
James Perry
Jill Peterson
D. Elizabeth Pierson,
Lee Porter
Jim Pries
Jacqueline Rickman
Beth Rosen-Prinz
David I Quezada
Joseph Red Bear
Kevin Reed
John P. Reiman
Catherine Rodman
Gary Rhoades
Joachim (Joe) Reimann
JulRivera
Steven Rosenbaum
David Rubin
JulietSaltman
Chris Saunders
Kim Savage
Susan Saylor
Kerry Scanlon
SusanL,Scovill
Clifford Schrupp
RobertSchwemm
lisa Walker Scott
Michael P. Seng
Lil1ianC.Seymore
James D. Smith
ShannaSmith
Kevin Stein
Jennifer Susskind
Jim Treglio
RobertTrestan
Ed Valenzuela
EdwardVoci
NishaVyas
PamelaD.Walsh
AlphonzaWhitaker
MichelleWhite
lei-ChalaWilson
JeromeZamos
11
Center for Responsible Lending
Attorney at law, Oakland, CA
Housing and Economic Rights Advocates
Chief Judge of the HUD Office of Administrative law Judges
Professor, University of California at Santa Cruz
California Attorney General
Chief, Housing and Civil Rights Enforcement Division, DOJ
U. S. Department of Housing and Urban Development
General Counsel for Civil Rights and Fair Housing, HUD
AClU Women's Rights Project, New York
Rhoades & AI Mansour
District Attorney's Office, San Diego
District Attorney Contra Costa County
legal Aid Foundation of los Angeles
Nan McKay Associates, San Diego, CA
Fair Housing Center of Washington
California Attorney General's Office
HUD Office of Fair Housing and Equal Opportunity
Law Offices of Sharon Lybeck Hartmann
law Offices of Odion Okojie
Asian Real Estate Association of America
Solutions for Treatment Expansion
Deputy District Attorney, San Diego District Attorney's Office
State Bar Ethic's Committee
Legal Ethics Committee San Diego County Bar Association
Office of Fair Housing and Equal Opportunity-HUD
Greater New Orleans Fair Housing Center
California Department of Fair Employment and Housing
Fair Housing Council of Orange County
Fair Housing Council Northern New Jersey, Hackensack, NJ
Mental HealthAdvocacyServices,lnc
Lao Family Services
California Department of Fair Employment and Housing
Fair Housing and Equal Opportunities Programs- HUD
American Indian Movement
NAACP legal Defense Fund and Educational Defense Fund
Reiman and Associates, Washington DC
Affordable Housing Advocates, San Diego, CA
Law Offices of Rhoades and AI Mansour
Excellence International
National Alliance for the Mentally III-San Diego
U.S. Department of Justice
San Diego County-District Attorney's Oftice
Professor Emeritus-Kent State University
San Diego Regional Hate Crimes Coalition
Mental Health Advocacy Services, Los Angeles,
Mental Health Advocacy Services, Los Angeles, CA
Kaye, Scholar, Fireman, Hays & Handler, Washington, DC
HOME of Virginia
Director, Fair Housing Center of Metro Detroit
University of Kentucky College of Law, Lexington, KY
Housing and Development Law Institute
JMlS- Fair Housing legal Support Center
JMlS Fair Housing legal lupport Center
law Dffice of James D. Smith, Berkeley, CA
National Fair Housing Alliance
California Reinvestment Coalition
Welcome Home Project
Fair Housing Council of San Dieqo
Office of Civil Rights, Boston Housing Authority, Bnston, MA
Arizona Fair Housing Center
Leadership Council for Metrnpolltan Open Communities
Housing Rights Center, Los Angeles
FHEO, HUD/Washington
Nebraska Equal Opportunity Commission
Affordable Hou~ing Service, PasJdena, CA
Earl B. Gilliam Bar Association
law Dffice of Odion Okojie
The Fair. Housing Council of San Dittg9 . ' ,
. {;;"'.. ~.r '''.,' . 1 \, . '" e"
Fair Housing Laws and Litigation ConferenceI200'9;::::~':~
Gratefully Acknowledges our Conference Sponsors
EMERALD SPONSOR
SAPPHIRE SPONSORS
OPAL SPONSORS
PATRON SPONSORS
I
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PRINTING
IN KIND
CONTRIBUTIONS
& OTHER SUPPORT
SPECIAL THANKS TO
CLE CREDITS
GRAPHIC DESIGN
n La )ol1a Bank
San Die@
\(Nationamank"
~? www.sdnb.com
Open
La Jolla Bank
Sempra Energy
Wells Fargo Bank
Union Bank of California
California Bank And Trust
San Diego National Bank
US Bank
U. S. Department Of Housing and Urban Development, San Diego
California Rural Legal Assistance, Inc.
Law Offices Of Margaret Elder
Robert Makley, Law Offices of Berglund & Johnson
Federal Reserve Bank of San Francisco
City of National City
City of Oceanside
La Jolla Bank - Sponsor of Conference Luncheon
California Western School of Law
Teri Rider and Associates
Conference Material and Web
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Fair Housing
Laws & Litigation
Conference
February 12th -13th
2009
San Diego City Concourse
202 C Street
San Diego, CA 92101
Commemorating the 50th Anniversary of
California's Fair Employment and Housing Act and
Recognizing Unsung Heroes and Models of
Fair Housing Actions
Celebrating the 16th Anniversary of the Fair Housing
Laws and Litigation Conference Series
Co-Sponsors
Fair Housing Council of San Diego
The John Marshall Fair Housing Legal Support Center
Fair Housing Council of San Fernando Valley.
California Rural Legal Assistance, Inc.